The offer or sale of goods and services must be carried out with due regard for good commercial practices and be fair to the customer.
A commercial practice is an activity, omission, manner of conduct or representation, commercial communication, including advertising, or marketing by a trader or service provider which is directly linked with advertising, offering, selling or supplying goods or services to the consumer.
Unfair commercial practices are practices that are misleading or aggressive to consumers. The use of unfair commercial practices is prohibited both before and after the transaction and at the time of the transaction. The use of unfair commercial practices is prohibited in the European Union.
A commercial practice is misleading when the trader or service provider provides false information about the goods or services or provides correct information in a way that is likely to mislead you because it is unclear, incomprehensible or ambiguous; omits essential information you need to know when making a purchase decision (e.g. information on the existence, nature, main characteristics and price or specific price advantage of the goods or services, maintenance of the goods and spare parts).
A commercial practice is aggressive when the trader or service provider restricts your freedom of choice by harassing, forcing or unduly coercing you to purchase the goods or services. For example, the trader creates the impression that you cannot leave the premises until a contract is formed; makes persistent and unwanted solicitations by phone or e-mail; requests payment for unsolicited goods sent to you; visits your home and ignores your request to leave; creates the impression that you have won or are very likely to win, etc.
If a trader or service provider used an unfair commercial practice in the transaction, it does not result, in itself, in the nullity of the transaction. If you have been harmed by an unfair commercial practice, you can file an action with a court or apply to the Consumer Disputes Committee** (in Estonian).
It is essential that Consumer Protection and Technical Regulatory Authority, which has the power to sanction the trader or service provider, be informed of unfair commercial practices.
The consumer advice helpline 620 1707 (Mon-Fri 10.00 to 15.00) of the Consumer Protection and Technical Regulatory Authority is the fastest and easiest way to get answers to your questions. You can also visit it during reception hours. It is also possible to submit your questions or ideas electronically via the e-service of the Authority (in Estonian). Questions can also be sent by post to Endla 10a, Tallinn, 10122 or by e-mail to [email protected].
More information on unfair commercial practices can be found on the website of the Consumer Protection and Technical Regulatory Authority.